24. Federal Law, with which the Education Document Law is amended

The National Council has decided:

The Education Documentary Act, BGBl. No 12/2002, as last amended by the Federal Law of the Federal Republic of Germany (BGBl). I n ° 113/2006 and the Federal Ministries of the Federal Ministries of Law 2007, BGBl. I n ° 6, shall be amended as follows:

1. In the table of contents, the line relating to § 1 is:

" § 1

Scope, regulatory purpose "

2. In the table of contents, the lines relating to the second part are:

" 2. Part

Evidences of educational institutions and overall trends "

3. In the table of contents the line relating to § 7 is:

" § 7

Students ' Total Trends "

4. In the table of contents the line relating to § 8 is:

" § 8

Access to data, data security measures, deletion "

5. At the end of the table of contents, the words "Appendix 1" and "Appendix 2" attached:

6. § 1 together with the headline is:

" Scope, regulatory purpose

§ 1. This federal law regulates:

1.		the use of data of pupils and students in the sense of the 2000 Data Protection Act, BGBl. No 165/1999, by the educational institutions covered by this Act, in order to carry out the tasks assigned to them by law of the school and university administration in accordance with § 3, the promotion of studies and the representation of students;
2.		the management of the total student population, respectively the students for exclusively statistically-planning and controlling purposes;
3.		the use of data from the evidences of educational institutions for the purposes of federal statistics on education and the educational status register, which are concerned by the Bundesanstalt "Statistik Österreich". "

7. § 2 para. 1 Z 1 lit. a is:

" (a)			Schools including practice schools, practice kindergartens, horts and student shelters in accordance with the School Organization Act, BGBl. N ° 242/1962, "

8. § 2 para. 1 Z 1 lit. g is:

" (g)			Schools under private school law, BGBl. No 244/1962, "

9. In § 2 para. 1 Z 2 lit. b becomes after the turn "Pedagogical Universities" the parenthesis expression "(including recognised pedagogical universities, study programmes, university courses and courses)" inserted.

10. In § 2 para. 1 Z 3 the turn-of-the-turn " Students in accordance with Academic Law 1999, BGBl. I No 94/1999, ' .

11. § 2 para. 1 Z 4 reads:

" 4.		among students: students and other educational participants in the educational institutions according to Z 2; "

12. The following paragraph 3 is added to § 2:

" (3) Commissioned by § 4 Z 4 of the Data Protection Act 2000 for the evidence of the pupils and students at the educational institutions, their directors are within the meaning of paragraph 1 Z 5, with respect to the institutions pursuant to § 2 paragraph 1 Z 2 lit. f, however, their owners. "

13. The title of the second part is:

" 2. Part

Evidences of educational institutions and overall trends "

14. In § 3 (1) and (2) as well as § 6 (1), the twists shall be "§ 2 (1) Z 1 lit. a, b, c, f and h" in each case by the turn "§ 2 (1) Z 1 lit. a, b, c, f, g and h" replaced.

15. In § 3 (1) the turn-of-the-turn " The Akademien-Studiengesetz 1999, BGBl. I n ° 94, " .

Section 3 (1) Z 6 reads as follows:

" 6.		the address at the place of hometown and, if any, the place of residence (delivery address) closest to the educational establishment, in accordance with the information provided by the legal guardian or the pupil or of the student, "

17. § 3 Abs 2 Z 7 reads:

" 7.		Other information related to school attendance on participation in teaching and care services, school success, school and/or school attendance, or school attendance. Teaching organisation, the course of education and the use of transfer benefits from the compensation of family costs in accordance with the conditions laid down in Annex 1. "

Section 3 (3) Z 3 reads as follows:

" 3.		the contribution status according to § § 91 and 92 of the University Act 2002, BGBl. I n ° 120, and § § 69 and 71 of the Higher Education Act 2005, BGBl. I No 30/2006, "

§ 3 (4) last sentence reads:

"In accordance with the technical possibilities, the head of this educational institution shall, in accordance with the technical possibilities, process the data relating to the examination candidate in accordance with paragraph 1, paragraph 2, z 2, 5 and 6, and in accordance with Appendix 2."

20. In § 3 (5), the turn-of-the- "Exemption from compulsory schooling due to school incapacity" through the turn "Liberation from school attendance" replaced.

21. § 3 (6) reads:

" (6) The pupil or Students have to announce the social security number to the head of the educational establishment. If an Austrian social security number does not exist, the educational institution of the Bundesanstalt "Statistik Österreich" has family and first name, gender, date of birth and address at the place of origin for the purpose of assigning a If the home location is located abroad and there is a domestic domiricity, the latter is to be used. If such pupils or students later become aware of a social security number of the educational institution, then the replacement marking must be given in addition to the Bundesanstalt "Statistik Österreich" for the first time the transfer is made. The recipient shall bring together all the records of that person on the social security number and shall store them accordingly. "

(22) The following paragraph 7 is added to § 3:

"(7) The Bundesanstalt" Statistik Österreich " is entitled to carry out a query in the Central Register of Melting by means of the data available for the replacement identifier and to determine the social security number by means of the equation table. If a social security number is not allocated, the area-specific person identifier is "Official Statistics" in accordance with § 9 of the E-Government Act (E-GovG), BGBl. I n ° 10/2004. '

23. In § 4 (1) and § 5 (1), the twists shall be "The Federal Minister for Education, Science and Culture" in each case by the turn "The competent Federal Minister" replaced.

24. In § 4 (1), the turn "The Federal Minister for Education, Science and Culture" through the turn "the competent Federal Minister" replaced.

25. In § 4 (2), § 5 (3) and § 7 (2), the twists shall be "the Federal Minister for Education, Science and Culture" in each case by the turn "the competent Federal Minister" replaced.

Section 5 (1) Z 2 reads as follows:

" 2.		Total student population. "

Section 5 (2) reads as follows:

" (2) The overall trends are the data of the pupils and/or Students only indirectly to store personal data. For this purpose, it must be agreed that the data sets are transmitted to the Federal Statistical Office (Bundesanstalt "Statistik Österreich") in accordance with § 6 (3) and § 7 (2) and (3), without prejudice to the transmission in accordance with § 9 (2). In any case, prior to the receipt of such a data set with the relevant Federal Minister, there are lit. a, b, c, f, g, and h as well as § 2 (1) Z 2 lit. b and with regard to the reporting persons pursuant to § 3 (5) by the Bundesanstalt "Statistik Österreich", with regard to the educational institutions pursuant to § 2 (1) (2) (a), (c) and (f) also by another suitable institution which meets the requirements The data security measures in accordance with § 14 of the Data Protection Act 2000 are to check the data sets for completeness and consistency respectively. to put it right and it's the social security number, to encrypt the replacement identifier in the respective data set so as to be able to re-encrypt a measure (BEKZ) and the same social security number and/or social security number (BEKZ), respectively. one and the same replacement identifier in each case of the encryption is the same BEKZ. The storage of the data records by the competent Federal Minister under the social security number and/or the name of the person concerned is inadmissible for the purpose of the total production. "

Section 6 (2) reads as follows:

" (2) The head of an educational institution referred to in paragraph 1 (in the case of § 3 (5) of the respective competent country or country respectively). District school council) has the following data on certain dates set by Regulation, stating the educational establishment in the automatic data traffic of the Federal Institute for Statistics Austria as the data of the BEKZ according to § 5 (2) Location to be transmitted:

1.		the data according to § 3 (1) (2) to (5), (7) to (9), further postal code and location of the address at the place of origin and the information on whether an additional address exists at the place of establishment of the education, and
2.		the data referred to in Article 3 (2) (2) to (7), (4) and (5). "

29. The following paragraph 3 is added to § 6:

"(3) The following data shall be transmitted from the Bundesanstalt" Statistik Österreich " to the competent Federal Minister for the purposes of the overall incidence of the pupils:

1.		month and year of birth,
2.		the data in accordance with § 3 (1) (4) and (5), (7) and (8), further postal code and place of address at the place of origin and information as to whether there is an additional address at the place of establishment of the education,
3.		The image-to-image number (BEKZ) according to § 5 (2) and
4.		the data referred to in Article 3 (2) (2) to (7), (4) and (5). "

30. The following paragraph 4 is added to § 6:

"(4) The competent Federal Minister has to apply the Federal Statistical Office" Statistics Austria " to the expenses associated with the implementation of the subsection (2) and (3). The more detailed provisions should be laid down by Regulation. "

31. The title of § 7 and § 7 (1) are:

" Overall students ' activities

§ 7. (1) Data from the student's evidences will be taken into account in the overall student population.

1.		the universities and the University of Continuing Education Krems (§ 2 paragraph 1 Z 2 lit. a and c),
2.		Universities of Teacher Education (§ 2 para. 1 Z 2 lit. (b)
3.		the universities of applied sciences and universities of applied sciences (§ 2 paragraph 1 Z 2 lit. (f) merged. "

32. In § 7 para. 2, first sentence, the turn shall be "The Federal Minister for Education, Science and Culture" through the turn "the competent Federal Minister" and the word "Overall incidence" by the word "Total Trends" replaced.

33. In § 7 (4), the turn "Study regulations" through the turn "Study or study regulations" as well as the turn "Education, science and culture" through the turn "Science and research" replaced.

34. § 8 together with headline reads:

" Access to data, data security measures, deletion

§ 8. (1) The Federal Minister of Education, Arts and Culture may be responsible for the federal education authorities if it is necessary for the purpose of carrying out the tasks assigned to them by law (planning, control and maintenance of statutory supervisory duties). open a query authorization by long-distance data traffic to the data processed in the overall trends in accordance with § 5, in such a way that statistical evaluations are subject to statistical confidentiality in accordance with § 17 of the Federal Statistics Act 2000, BGBl. I n ° 163/1999, and the identification and storage of data on a particular image participant, or a conclusion of information about certain participants in the picture is not possible. Query permissions can only be granted if compliance with the data security measures of § 14 of the Data Protection Act 2000 is proven by the query advertiser.

(2) More information about the way in which data is used, the conditions, in particular with regard to data security measures, under which a query authorization pursuant to paragraph 1 is opened, are from the Federal Minister for Education, Art and and culture by means of a Regulation, in particular by ensuring that the applicant ensures that:

1.		in its area, it is expressly determined who (identity of the interrogating person) may carry out a query under which conditions (announcement of the purpose of the query),
2.		to be informed of their obligations under data protection rules,
3.		appropriate rules on the rights of the interrogator and the protection against the inspection and use of the data by unauthorised persons,
4.		take measures against unauthorised queries by means of technical or programme-controlled arrangements,
5.		keep records so that actual uses can be traced to the extent necessary for their admissibility (logging),
6.		measures to protect against unauthorised access to premises, from which queries can be carried out,
7.		a documentation of the measures taken in accordance with Z 1 to 6 will be carried out.

(3) The eligibility of the query from the overall tendencies according to § 5 shall be withdrawn if:

1.		the conditions under which the query authority has been granted are no longer available;
2.		the protection of the secrecy interests of persons affected by the provision of information has been infringed,
3.		has been infringed against data security measures pursuant to paragraph 2 (1) to (7);
4.		is expressly waived.

(4) Insofar as the person concerned (§ 4 Z 3 Data Protection Act 2000, BGBl. No 165/1999), he or she wishes to obtain information on the data processed in the direct personal form in accordance with § 3, he may request a request for information to the educational institution he is visiting.

(5) The social security numbers contained in the evidence in accordance with § 3 (§ 3 (1) (3)) or a substitute code pursuant to § 3 (6) of the students and students must be deleted by the educational institution no later than two years after the departure. The directors of educational institutions pursuant to § 2 (1) (1) (a), (b), (c), (f), (g) and (h) shall also have the data according to § 3 (1) Z 5 and 9, § 3 (2) (2) (2) and (3), and in accordance with § 3 (1) (2) (2) (2) and (9) of the Annex 1 Z 5 lit. c, d and e as well as Z 8, 9, 11, 12 and 13 shall be deleted from the evidences according to § 3. All other data shall be deleted at a later date in accordance with the provisions of school and higher education regulations. The provisions of the Federal Archives Act, BGBl. I n ° 162/1999, remain unaffected.

(6) The Bundesanstalt "Statistik Österreich" (Statistics Austria) has, in respect of the data transmitted in accordance with Section 9 (2) for the purposes of Federal Statistics on Education, in each data set

1.		no later than six months after the publication of the Federal Statistics of the respective reference year, the data according to § 9 (2) Z 2 lit. b to be deleted and replaced by the information as to whether the visited class has been a member of children with special educational needs and, if appropriate, by the number of these children, and
2.		no later than 20 years after the date of the last data report on this pupil, or Students to delete the personal reference. "

35. The following last sentence shall be added to Article 9 (1):

"The Federal Statistical Office" Statistics Austria " has to publish the results of the statistics in accordance with § § 19 and 30 of the Federal Statistics Act 2000, the publication stating the name or name and address of the educational institution is permitted for purposes of spatial planning and educational planning, with the exception of data in accordance with § 9 (1) Z 3 for educational institutions in accordance with § 2 paragraph 1 Z 1. "

36. In § 9 (2), the introduction sentence reads as follows:

"For the purpose of compiling the statistics referred to in paragraph 1, the heads of the educational institutions shall transmit the following data, to the extent that they are incurred, to the reporting date and dates fixed in accordance with paragraph 3 of the Federal Statistical Office" Statistics Austria "; the directors of the educational institutions pursuant to § 6 (1) and Section 7 (1) as well as the notifying parties pursuant to § 3 (5) shall submit to the BEKZ in accordance with Section 5 (2) of the BEKZ: "

37. § 9 para. 2 Z 2 lit. f is:

" f)			Data on the basis of § 3 paragraph 2 Z 7 in connection with Appendix 1, para. 4 in conjunction with Appendix 2 and Section 5, insofar as necessary for the purposes of federal statistics on education; "

Article 9 (6) reads as follows:

" (6) In addition to the data available in the students 'overall tendencies (§ 7), statistical surveys are carried out on the occasion of the admission of the students to and from the students' departure from an educational institution in accordance with § 2 (1) (2) (2) (2) (2) (2). by questioning the parties responsible for providing information, stating the educational institution, on:

1.		social security number,
2.		Gender,
3.		date of birth,
4.		study-related stays abroad,
5.		Employment and
6.		the educational career of the parents and their profession and their position in the profession. "

39. In § 10 sec. 2 Z 2 the turn "Social Security and Generations" through the turn "Health, Family and Youth" replaced.

40. In § 10 para. 3 Z 2 the turn is "§ 3 (6)" through the turn "§ 3 (6) and (7)" replaced.

41. § 10 (4) reads:

" (4) In order to draw up the regional breakdown of the educational status of the Austrian resident population, the Federal Minister of the Interior from the Central Reporting Register for the 30th of September of a calendar year has from the equalisation table in accordance with § 16b Reporting Act 1991, BGBl. No 9/1992, or in any other appropriate manner, at the municipal level of the main residence, stating the sex, date of birth, academic degree and citizenship, and for the period since 1 January 1992. October of the previous year in the case of immigrants to Austria of the State of the former place of residence and of immigrants from Austria of the State of the future residence, the social security numbers of the registered persons according to § 10 para. 2 Federal Statistics Act 2000. "

(42) The following paragraph 4a is added to § 10 (4):

"(4a) If a social security number is not allocated, the encrypted area-specific personal identifier" Official Statistics " (bPK-AS) must be transmitted in accordance with § 9 of the E-Government Act. If for the first time a social security number is available for a person for whom the bPK-AS has been used for the first time, the encrypted bPK-AS shall be indicated in addition to the latter. "

43. The following sentence is added to Article 11 (3):

" By way of derogation, Regulations pursuant to Section 8 (5) may already be subject to the provisions of 1. Jänner 2008 will be put into effect. "

44. The following paragraph 6 is added to § 12:

" (6) The following provisions of this Federal Act in the version of the Federal Law BGBl. I n ° 24/2008 enter into force as follows: except for power:

1.		The title of the second part, § 4 (1) and (2), § 5 (1) and (3), § 6 (2), § 7 (2), first sentence and (4), § 10 (2) (2) and § 15 (1), (1a) and (3) occur with regard to the renaming of the department according to the Federal Ministry of Education Act 2007, Federal Law Gazette (BGBl). I No 6, in force on 1 March 2007,
2.		§ 2 (1) Z 1 lit. a, § 2 (1) Z 2 lit. b, Z 3 and 4, § 3 (1) (regarding the citation of the Akademien-Studiengesetz 1999) and (3) Z 3, § 5 (1) (2) and § 7 (1) and (2) of the first sentence, together with the title, do not apply in respect of the non-Z 1 included changes with 1. October 2007, in force,
3.		the table of contents, § 1 with title, § 2 para. 1, Z 1 lit. g and para. 3, § 3 para. 1, 2, 4, 5, 6 and 7, § 5 para. 2, § 6 para. 1, 2, 3 and 4, § 7 para. 4, § 8 with the title, § 9 para. 1, 2 and 6, § 10 para. 3 Z 2, para. 4 and 4a, § 11 para. 3, and § 14 para. 4 and 5. included changes with 1. Jänner 2008 in force,
4.		§ 15 Z 5 shall expire on 31 December 2007. "

45. The following paragraphs 4 and 5 are added to § 14:

" (4) With Tag 1. January 2008 are the students ' overall incidence as well as the overall incidence of the students with regard to the educational institutions according to § 2 paragraph 1 Z 2 lit. b to delete records. In the above-mentioned general trends, the German Federal Law BGBl (Federal Statistical Office) has been in force since the entry into force of this Federal Law at the Federal Institute of Statistics Austria and in accordance with Section 5 (2) of this Federal Act. I n ° 24/2008 by the Bundesanstalt "Statistik Österreich" ("Statistics Austria") to store non-returnable encrypted corresponding data records with the replacement of the "date of birth" by "month and year of birth".

(5) By the end of 2009, a report shall be submitted to the National Council showing alternatives to the use of the social security number as an education-specific identification mark. "

§ 15 Z 1 shall be replaced by the following Z 1 and 1a:

" 1.		in respect of the provisions of Article 2 (1) (1) (1) (a), (c), (g) and (h) and Z b (with the exception of the Hochschule für Agrar-und Umweltpädagogik Wien) educational institutions of the Federal Ministers for Education, Arts and Culture,
1a.		as regards the provisions of Section 2 (1) (2) (2) a and c to g mentioned educational institutions of the Federal Minister for Science and Research, "

47. In § 15 Z 3 the turn is "Social Security and Generations" through the turn "Health, Family and Youth" replaced.

48. § 15 Z 5 is deleted.

49. According to § 15, the Appendixes 1 and 2 forming part of this Federal Act are added.

Fischer

Gusenbauer